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General Conditions of Use of Stolen-and-wanted.com

Updated conditions as of 10-04-2008

 

The purpose of Stolen-and-wanted.com is to increase the chances of recovery of lost or stolen art objects. Its services are accessible by Internet..

We invite you to carefully read the current General Conditions of Use (CGU). The document's aim is to inform you of the operating manner of Stolen-and-wanted.com and your rights and obligations. They represent a contract governing the relations between Stolen-and-wanted.com and its users.

The use of this site as well as the opening of an account are conditional on your complete and full acceptance of the conditions that follow below. In checking the box with the phrase "I accept the conditions" located below the registration page, you recognize that you are fully aware of and that you have accepted and will respect the regulations of the entire provisions of the current General Conditions of Use.

The act of marking this box constitutes an electronic signature, which, between the parties, has the same value as a written signature.

If you do not agree with the General Conditions of Use, feel free to leave the site.

 

Article 1: Opening an account

To open an account, you must fill in all the required fields appearing in the registration form without exception.

You will provide exact and correct information. If this data needs to be changed, you will provide the necessary changes as soon as possible.

You may be requested to verify the accuracy and truth of the information you publish. Failure to respond within 15 days may lead to the termination of your account without possibility of reimbursement for the services for which you paid.

You will confirm to the applicable laws and regulations, respect the rights of others, and not exhibit behavior or intention contrary to the ethics of the Stolen-and-wanted.com. services.

In accordance with the "Data Processing and Civil Liberties" Law, we inform you that the answers in the registration form in all of the required fields are mandatory for the processing of your registration. You have the right of access and rectification concerning information concerning you. You may access your personal information directly at any time through the header "My account" and then "Change." You are the only party authorized to change or cancel, except in the case of breach of the current General Conditions of Use.

Stolen-and-wanted.com services are accessible through those hardware and software that allow web navigation: computer, programs, telecommunication hardware…. This equipment and their technical configation to allow use of the Stolen-and-wanted.com site are your exclusive responsibility as well as the required maintenance, repair, and telecommunication expenses and implementation.

 

Article 2: Login and password

Your login and password allow you to access certain site pages and functions.

Your login and password are strictly personal and confidential. They should never be communicated nor shared with others because you are solely responsible for the use of these identifiers.

In this respect, you will be held responsible for any action, text, picture, or declaration made by an intermediary of your personal user account, whether it is fraudulent or not.

As a measure of security, the input of your identifying information is necessary with each access connection to your account. To opmitize your account security, the password you choose at the time of your registration is encrypted. It is therefore only known to you. If you forget your password, we cannot recover it. To access your account, you must then follow the "Forgotten password" procedure.

If you think that another party has used your password, you must inform us as soon as possible.

 

Article 3: Service prices

The Stolen-and-wanted.com service prices are shown in the header Our Prices.

The prices are payable in €, unless otherwise stated, taking into account the applicable VAT.

The payment of the service prices is executed during the final validation of the notices for purposes of their placement online, making them visible to www.Stolen-and-wanted.com. site visitors.

This date defines the contract between the account holder and the stolen-and-wanted site.

The payment is executed using a secure platform.

The period of the packages takes effect on the first day of the month following the online placement of a notice.

Stolen-and-wanted.com reserves the right to change the service prices and to change, add, or delete a means of payment at any time.

 

Article 4: Stolen-and-wanted.com services

Stolen-and-wanted.com services are solely meant to make electronic and information retrieval tools and means available to you.

In no case can Stolen-and-wanted.com guarantee you the recovery of your stolen items.

To use the Stolen-and-wanted.com services, you must have the knowledge, hardware, programs, and configuration necessary for Internet use and the proper navigation of the Stolen-and-wanted.com site. While most market tools and configurations allow the navigation on the Stolen-and-wanted.com site, the optimal configuration for using the Stolen-and-wanted.com site is the following:

The use of Stolen-and-wanted.com on a MAC requires the use of the Firefox navigator. The SAFARI and OPERA application do not guarantee optimal navigation on Stolen-and-wanted.com.

 

Article 5: The account holder's responsibility

The account holder is the guarantor and the sole responsible party regarding the truth and accuracy of the data that the acount holder decides to publish. The account holder will use the site in good faith.

In this regard, the account holder will take complete responsibility for consequences relating to any persons, both users and non-users, which may arise from the publication of the contents.

The account holder recognizes and accepts the condition that Stolen-and-wanted.com may not be invoked for any damage directly or indirectly connected to the use of the site or the impossibilty of using it if the account holder's behavior contributed to the occurance of the said damage, or in the case of the failure to respect, even partially, the current General Conditions of Use.

Similarly, if the account holder breaches the obligations imposed by the applicable law and/or regulations in respect to the rights of persons and/or the current General Conditions of Use, he will, in the case of an action filed against Stolen-and-wanted.com., guarantee Stolen-and-wanted.com against any judgment taken against it and assume any legal expenses, fines, and attorney's fees.

Recognizing the nature of the data and the quantity of information, the account holder recognizes and accepts that Stolen-and-wanted cannot be held responsible for information transmitted, errors or omissions in any content, or damages related to the use of this content.

The account holder recognizes and accepts that, if his actions or the content that he provided on the Stolen-and-wanted.com site were not registered in the framework of respect to the applicable laws and regulations or of the current General Conditions of Use, Stolen-and-wanted may terminate his account without previous or final notice. This termination does not provide any right to reimbursement.

 

Article 6: Promise to pay rewards

The account holder has the possibility of promising to pay rewards for the purpose of making the search for his stolen or lost works more effective.

He has a choice among 4 types of rewards:

The account holder can promise 1, 2, 3, or 4 rewards for the same item. The owner can also promise none.

He is totally free to set the amount of each reward.

If the acount holder chooses to promise several rewards, they must be paid independently of each other. However, if several rewards relate to the same recipient, their amount is not cumulative: the owner of the account is only obliged to pay the beneficiary the highest reward.

Persons who demand payment of a reward due to the discovery of a work may only claim it if they are not parties to the theft or the receiving of the stolen or lost work. They will be considered non-parties to the theft or loss until proven otherwise.

The failure to respect obligations resulting from promises of rewards will render the account holder liable to all injured persons.

As an accessory, it constitutes legal grounds for the closure of the user account without providing the right of reimbursement of the money spent.

The site denies, in any case, any responsibility resulting from the existence of a litagation concerning the payment of rewards offered by the account holder.

 

Article 7: Recovery of sought works

The account holder will immediately inform the site of the recovery of his works: to do this, he himself will delete the recovered object or objects using the functions designated for this action and accessible through his user account.

He bears the entire consequences resulting from the failure to provide notice of recovery and takes responsibility for this act.

In the case of recovery of a work, the account holder will immediately inform any persons who have subrogated rights: this is primarily the insurance company that had indemnified the recovered item for theft or loss.

The recovery of a work due the services offered by Stolen-and-wanted does not create any commission or profit bonus to the benefit of Stolen-and-wanted.

 

Article 8: Responsibility of Stolen-and-wanted.com

The Stolen-and-wanted.com site provides support for search notices for art objects.

The information involved in notices for the search for art objects may contain inaccuracies, omissions, gaps, or out-of-date information.

Neither the accuracy, honesty, nor exhaustiveness of this information is guaranteed by Stolen-and-wanted.

The Stolen-and-wanted.com site is not responsible for damage that may result from information published on the Stolen-and-wanted site.

Stolen-and-wanted.com makes all due effort to ensure that its services function properly and are accessible to you. However, given the nature and hazards of the Internet environment (access providers, user hardware, telephone connections, Internet net load,…) Stolen-and-wanted.com cannot guarantee constant access without interruption or temporary downtime.

Similarly, Stolen-and-wanted.com cannot guarantee the security, availablity, integrity, and safety of the transmitted data. Stolen-and-wanted.com will not be held responsible for the disappearance, loss, deterioration, and especially any damage likely to affect the user's equipment.

Stolen-and-wanted.com will not accept responsibility for any malfunctions and/or any interruptions in the availability of Stolen-and-wanted.com services. The user accepts the temporary suspension of access to the said services.

 

Article 9: Privicy and the Protection of personal data

Stolen-and-wanted.com is a site recognized by the National Commission for Data Processing and Civil Liberties (CNIL) under the number: 1290659.

In conformance with this declaration, Stolen-and-wanted.com strictly follows national and European regulations concerning the management and protection of privacy and personal data.

The personal information collected by Stolen-and-wanted.com concerning yourself are strictly used to offer you our various services. All possible precautions have been taken to store your data in a secure environment.

 

Article 10: Use of cookies

Stolen-and-wanted.com uses cookies. A cookie does not allow you to be identified. A Cookie is a file sent by a server and saved by your computer. Its purpose is to save information concerning your navigation on our site. Therefore, when you reconnect, it eliminates the needs to re-enter for each new page previously viewed and attaches the current content corresponding to your previous visits.

We bring your attention to the fact that the refusal to accept Cookies may limit your access to certain sites or services.

If you consider Cookes as an attack on your privacy, you can prevent their use by changing the options on your Internet navigation software. For more information, the CNIL (National Commision on Data Processing and Civil Liberties) site in its header "Your Tracks" tells you how to prevent the saving of Cookies on your computer (www.cnil.fr).

 

Article 11: Stolen-and-wanted.com Rights

All the support, logos, photographs, graphics, content, texts, animations, and brands attached to the Stolen-and-wanted.com site are the intellectual property of Stolen-and-wanted.com.

Their reproduction or use is forbidden and subject to legal prosecution except by prior written consent and agreement by Stolen-and-wanted.com.

Accordingly, you will not modify, copy, produce, transmit, distribute and commercially exploit the services, content, database structure, database content, and computer codes of Stolen-and-wanted.com.

The current General Conditions of Use do not carry any waiver of any kind of intellectual property right on those elements belonging to the Stolen-and-wanted.com to the benefit of the user.

 

Article 12: Stolen-and-wanted.com user rights

Your rights to use the data and support accessible on the Stolen-and-wanted site are strictly limited to their use during the period of your package(s).

You consent to waive to the benefit of Stolen-and-wanted.com all of your intellectual property rights related to the content, support, and photographs that you send for publishing on the Stolen-and-wanted.com. site.

Likewise, you authorize Stolen-and-wanted.com to reproduce, change, adapt and transmit for commercial or non-commercial purposes any content you have transmitted. The suspension of your rights extends to all countries and for the entire legal period of right protection provided for at the level of both the national and international legislature and conventions, present and future.

 

Article 13: Cancelation of the account by its owner

You may at any time terminate your registartion using the header "My Account" by confirming the function "Cancel my registration."

If you are a holder of a package that is still valid, you may in no case demand reimbursement of your package for the remaining due period.

 

Article 14: Modifications of the CGU

The current General Conditions of Use can be updated and changed at any time without prior notice. We advise you to review it regularly. Your presence on the Stolen-and-wanted.com. site represents full acceptance of any revision or change of the Stolen-and-wanted.com General Conditions of Use.

 

Article 15: Applicable law

The General Conditions of Use will be regulated in accordance with French law. It will apply to both laws of form and substance.

Only the French text will be taken into account for purposes of interpretation. The other versions are provided only for guidance purposes.

 

LEGAL MENTIONS

Stolen-and-wanted.com is owned by the ARTART@T Corp. headquartered at 155 cours Berriat in GRENOBLE France (38000), registered with the Registry of Commerce and Businesses of Grenoble as No. RCS Grenoble 487 751 836. Tel: +33 (0)4 76 49 55 41.


The publication director is Mr. Gerard Torossian, manager.

The KREATYS, Corporation with a a capital of 16,000 euros, registered with the Registry of Commerce and Businesses of Grenoble as No: 433.349.206, located at 16b, chemin de Malacher, 38 240 Meylan, is responsible for the hosting and maintenance of the Stolen-and-wanted.com site.

For any question, contact us by mail or write to our postal address: ArtArt@t Sarl, 155 cours Berriat, 38 000 GRENOBLE – France